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Key facts of the case:

One of the (anonymised) parties mentioned under “Parties (c)” above won a public tender for the general refurbishment of the S6 Semmering highway on 31 July 2007. The award of the tender was delivered to the bidder consortium mentioned under “Parties (a)” above only on 2 December 2010 whereupon the bidder consortium appealed against the award of the tender. To the Federal Procurement Authority. The Federal Procurement Authority rejected (zurückweisen) the appeal whereupon the bidder consortium appealed against this decision to the Administrative Court.